---
title: "Mutual divorce: the six-month question, answered"
description: "Mutual consent divorce under s.13B — the two motions, what the six-month gap is actually for, when a court can waive it, and what has to be agreed before you file."
url: https://vakyl.in/practice/mutual-divorce/
---

# Mutual divorce: the six-month question, answered

In short

A mutual consent divorce under **s.13B of the Hindu Marriage Act, 1955** runs in two steps: a **first motion** where both spouses file jointly and state they have lived separately and cannot live together, and a **second motion** confirming it. Between them sits a gap of **six to eighteen months**. The six months is **not always compulsory** — following the Supreme Court in *Amardeep Singh v. Harveen Kaur* (2017), the waiting period is directory rather than mandatory, and a court may waive it where the separation is long-standing, every issue is genuinely settled and there is no prospect of reconciliation. Waiver is a discretion, not an entitlement.

## Does this apply to you?

Both spouses agree the marriage is over and are willing to sign and appear together. Where one side is unwilling, this is not the route — that is a contested divorce. Note that the procedure and provision differ by the law under which the marriage was solemnised; s.13B is the Hindu Marriage Act route.

## What does the law say?

| Provision | Law | What it means for you |
| --- | --- | --- |
| Section 13B, Hindu Marriage Act 1955 | The two motions | A joint petition may be presented on the ground that the parties have been **living separately for a year or more** and have agreed the marriage should be dissolved. The second motion is moved **not earlier than six months and not later than eighteen months** after the first. Miss the eighteen-month window and the petition lapses. |
| Amardeep Singh v. Harveen Kaur (2017) | The six months can be waived | The Supreme Court held the waiting period under section 13B(2) is **directory, not mandatory**, and a Family Court may waive it — where the parties have already lived apart well beyond the statutory period, mediation has failed, all issues including maintenance and custody are genuinely settled, and the waiting would only prolong their agony. |
| Shilpa Sailesh v. Varun Sreenivasan (2023) | And the Supreme Court can dispense with it entirely | A Constitution Bench confirmed that the Supreme Court may, under **Article 142**, dissolve a marriage on the ground of irretrievable breakdown and waive the six-month period altogether. That power belongs to the Supreme Court; a Family Court works within section 13B and *Amardeep Singh*. |
| Section 13B(2), Hindu Marriage Act 1955 | Consent must survive to the end | The court passes a decree only if the petition **is not withdrawn in the meantime**. Either party may withdraw before the second motion, and consent at the first motion does not bind them. This is why the terms — and not merely the willingness — have to be settled first. |
| Section 28, Hindu Marriage Act 1955 | When you are actually free | A decree is appealable, ordinarily within ninety days. Remarriage before that period is spent is unwise — the safe point is when the appeal period has passed or the appeal has been disposed of. |

## What happens, stage by stage?

1. **Settle the terms first** Custody and access, maintenance, return of belongings and jewellery, and anything about property. A petition filed before these are agreed usually stalls at the second motion.
2. **Joint petition — first motion** Both spouses file together in the Family Court and record that they have been living separately and have mutually agreed to dissolve the marriage.
3. **Statements recorded** The court records both parties’ statements. This is where the consent is actually tested.
4. **The interval — or an application to waive it** Six to eighteen months. Where the conditions are met, a waiver of the six months can be sought, with the reasons set out.
5. **Second motion** Both parties appear again and confirm. Consent must still exist — either side can withdraw up to this point.
6. **Decree** The court grants the decree dissolving the marriage.

## What documents do you need?

- Marriage certificate or proof of solemnisation
- Address and identity proof for both parties
- Photographs from the marriage
- Proof of separate residence and the period of separation
- The settlement terms — custody, maintenance, belongings, property
- Income particulars, where maintenance is part of the settlement

## How much does it cost, and how long does it take?

|  |  |
| --- | --- |
| Provision | s.13B, Hindu Marriage Act 1955 |
| Forum | Family Court |
| Interval | 6–18 months, waiver possible |
| Turns on | Terms settled before filing |

## Questions people ask

### Is the six-month wait compulsory?

Not invariably. Following Amardeep Singh v. Harveen Kaur (2017), the period under s.13B(2) is directory rather than mandatory, and a court may waive it — typically where the parties have already been separated well beyond the statutory period, every issue including custody and maintenance is settled, and reconciliation is not a realistic prospect. It remains a matter for the court’s discretion on the facts.

### Can one of us change our mind?

Yes. Mutual consent must exist at both motions. Either party can withdraw before the second motion, at which point the mutual route ends and any divorce would have to be contested.

### Do both of us have to attend court?

The procedure is built around both parties appearing and their statements being recorded. Where a party genuinely cannot attend — living abroad, for instance — there are established ways of dealing with it, but they need to be arranged rather than assumed.

### What if we have not lived separately for a year?

The provision contemplates a period of living separately before the petition. Where that period is short, take advice before filing — the point is very often taken, and a petition dismissed on it wastes far more time than waiting would have.

### What happens to custody and maintenance?

They are settled between the parties and recorded, and the court examines whether the arrangement is fair — particularly to the child. Terms about a child are never simply rubber-stamped.

### Is this the same for every religion?

No. Section 13B is the Hindu Marriage Act route. Marriages under the Special Marriage Act and under other personal laws have their own provisions and their own procedure. Which applies depends on how the marriage was solemnised.

### Can we file for mutual divorce six months after marriage?

Ordinarily, no. Two separate time rules stand in the way. **Section 14 of the Hindu Marriage Act** bars any divorce petition within **one year of the marriage**, and section 13B itself requires the couple to have **lived separately for a year or more** before the joint petition. Section 14 has an exception: the court may give leave to file early on proof of **exceptional hardship** to the petitioner or exceptional depravity by the respondent, and it considers any children and whether reconciliation is possible. Courts disagree on whether that exception also shortens the one-year separation. A Delhi High Court Full Bench said in December 2025 that it does, but that ruling does not bind courts in Tamil Nadu. Expect the leave application to be examined closely.

### What does a mutual divorce cost in Chennai?

It comes down to three things. The first is the **court fee** on the petition, along with the cost of preparing the petition and the affidavits. Confirm the current fee when you file rather than relying on a figure found online. The second is the **advocate’s fee**. This varies, and it should be agreed in writing before filing; each spouse may have their own advocate. The third is **time**: two court appearances for each spouse, at least six months between them unless the wait is waived, and travel if one of you lives elsewhere. Usually the largest figure is not a fee at all. It is the settlement itself, meaning alimony, return of jewellery and property, so the real cost is set by those terms. A settlement that falls apart at the second motion costs more than any fee.

## Which court hears it?

The Family Court, under section 7 of the Family Courts Act 1984. The joint petition may be filed where the marriage was solemnised, where the parties last resided together, or where either resides — which for a couple now living in different cities is a practical choice worth making deliberately, since both must attend for the motions. Chennai has dedicated Family Courts, and both parties appear in person for the first and second motion unless exempted.

Court pages: [Family Court, Chennai](https://vakyl.in/courts/family-court-chennai/)

## What do people get wrong?

Commonly believedMutual divorce takes six months, so we will be free by then.

In factSix months is the **minimum gap between the two motions**, not the length of the case. Add the time to draft and file, to get listed, and to reach the second motion. Nine months to a year is a realistic expectation where nothing goes wrong — and the decree is appealable for ninety days after that.

Commonly believedWe have both signed, so neither of us can back out now.

In factEither party may **withdraw consent** at any time before the decree, and the court cannot pass one if the petition has been withdrawn. This is the single biggest risk in a mutual divorce, and it is why alimony, property and custody should be settled and recorded *before* the first motion rather than left to goodwill.

Commonly believedWe can ask the court to waive the six months, so let us just file and request it.

In factWaiver is discretionary and the conditions in *Amardeep Singh* must actually be met — separation well beyond the statutory period, failed reconciliation, and **everything genuinely agreed**. A waiver application made where terms are still open is refused, and the time spent asking is lost.

Commonly believedWe have agreed everything between ourselves, so the court will simply pass the decree.

In factThe court satisfies itself that the consent is **free and not obtained by force, fraud or undue influence**, and it examines terms concerning a child on the welfare principle rather than accepting them. Arrangements about children are never simply rubber-stamped.

## Where this comes from

- [Hindu Marriage Act, 1955 — ss.13B, 28](https://www.indiacode.nic.in/bitstream/123456789/1560/1/a1955-25.pdf)
- [Amardeep Singh v. Harveen Kaur (2017) — waiver of the six-month period](https://indiankanoon.org/doc/106056192/)
- [Shilpa Sailesh v. Varun Sreenivasan (2023) — Article 142](https://indiankanoon.org/doc/26302408/)
- [Family Courts Act, 1984 — s.7](https://www.indiacode.nic.in/bitstream/123456789/1926/1/198466.pdf)
- [Special Marriage Act, 1954 — s.28 (mutual divorce under that Act)](https://www.indiacode.nic.in/bitstream/123456789/1560/1/195443.pdf)
- [Shiksha Kumari v. Santosh Kumar, Delhi High Court (Full Bench), 17 December 2025 — s.14 proviso and the one-year separation under s.13B(1)](https://delhihighcourt.nic.in/app/showFileJudgment/AJB17122025MATFC1112025_151025.pdf)

Law stated as at 8 November 2026. General information, not advice on your facts.

**Reviewed by Advocate Abdul Rahman Usman** Bar Council of Tamil Nadu & Puducherry · Updated 8 November 2026

## Where these matters are heard

This guide applies to matters heard in Chennai. Which court hears yours depends on where the property, the marriage or the FIR is.

[Chennai](https://vakyl.in/areas/chennai/)

Most mutual divorces that stall do so because the terms were not settled before filing. If your situation needs advice specific to your facts, a paid consultation is available.

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